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Regret Your Move to Medicare Advantage? Two 'Safety Nets' Can Help: But Act Fast

Donna LeValley
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⚡ Quantum Brief
First-time Medicare Advantage enrollees who switched from original Medicare have a 12-month "Trial Right #2" to revert to their old Medigap policy without health screenings or penalties. This federal guarantee expires December 31 of their first year. The Medicare Advantage Open Enrollment Period (January 1–March 31) lets anyone leave their plan and return to original Medicare, but Medigap approval isn’t guaranteed after the first year unless in four states (CT, MA, ME, NY). Those using Trial Right #2 can enroll in a standalone Part D drug plan penalty-free via a Special Enrollment Period, ensuring continuous coverage when switching back to original Medicare. Without trial rights, Medigap insurers can deny coverage or charge more based on preexisting conditions, requiring applicants to pass medical underwriting before disenrolling from Medicare Advantage. To switch safely, secure Medigap and Part D coverage first, then formally disenroll by calling 1-800-MEDICARE or submitting a written request, with changes taking effect the first of the following month.
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Regret Your Move to Medicare Advantage? Two 'Safety Nets' Can Help: But Act Fast

Discover the federal protections (one expires on April 1) and state-level hurdles you’ll face when switching from Medicare Advantage back to original Medicare. When you purchase through links on our site, we may earn an affiliate commission. Here’s how it works. Profit and prosper with the best of Kiplinger's advice on investing, taxes, retirement, personal finance and much more. Delivered daily. Enter your email in the box and click Sign Me Up.You are now subscribedYour newsletter sign-up was successfulWant to add more newsletters?Delivered dailyKiplinger TodayProfit and prosper with the best of Kiplinger's advice on investing, taxes, retirement, personal finance and much more delivered daily. Smart money moves start here.Sent five days a weekKiplinger A Step AheadGet practical help to make better financial decisions in your everyday life, from spending to savings on top deals.Delivered dailyKiplinger Closing BellGet today's biggest financial and investing headlines delivered to your inbox every day the U.S. stock market is open.Sent twice a weekKiplinger Adviser IntelFinancial pros across the country share best practices and fresh tactics to preserve and grow your wealth.Delivered weeklyKiplinger Tax TipsTrim your federal and state tax bills with practical tax-planning and tax-cutting strategies.Sent twice a weekKiplinger Retirement TipsYour twice-a-week guide to planning and enjoying a financially secure and richly rewarding retirementSent bimonthly.Kiplinger Adviser AngleInsights for advisers, wealth managers and other financial professionals.Sent twice a weekKiplinger Investing WeeklyYour twice-a-week roundup of promising stocks, funds, companies and industries you should consider, ones you should avoid, and why.Sent weekly for six weeksKiplinger Invest for RetirementYour step-by-step six-part series on how to invest for retirement, from devising a successful strategy to exactly which investments to choose. For many retirees, the decision to drop a trusted Medigap policy for a lower-premium Medicare Advantage plan feels like a high-stakes gamble. What if your favorite specialist is out-of-network, or the copays for a sudden illness stack up? If you’ve made this switch for the first time, the federal government provides a vital safety valve known as Medigap Trial Right #2. This 'undo' button gives you 12 months to test-drive a private plan with the legal guarantee that you can return to your previous Medigap coverage if it doesn't fit.However, once that 12-month clock expires, the path back to original Medicare becomes significantly more treacherous in most states, turning a simple coverage change into a potential "Medigap Trap".This applies to people who had a original Medicare and a Medigap policy, dropped it to try Medicare Advantage, and then regretted it. This trial right is different than the trial right for those new to Medicare. Pay attention to the different rules; you don't want to make decisions based on rights you may not have.

The Advantage Plan has an effective date of January 1st, and the trial right period will end on December 31 of that year.Become a smarter, better informed investor. Subscribe from just $107.88 $24.99, plus get up to 4 Special IssuesProfit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.Profit and prosper with the best of expert advice - straight to your e-mail.This right gives you a legal "undo" button. If you decide you don't like the MA plan within that first year, you get the right to return to original Medicare. You can disenroll from your MA plan and go back to the "red, white, and blue" card.You also have some guaranteed issue for Medigap; this is the big one. You have a legal right to buy a Medigap policy without a health screening (no medical underwriting). The insurance company cannot deny you or charge you more because of your health.Since most Medicare Advantage plans include drug coverage and Medigap plans do not, leaving your MA plan would leave you without drug coverage. Trial Right #2 also grants you a Special Enrollment Period (SEP) to join a standalone Medicare Part D plan so you don't face a late-enrollment penalty. Since we are currently in March, you are in the final weeks of the Medicare Advantage Open Enrollment Period (MA OEP). This window, which closes on March 31, allows anyone currently enrolled in an Advantage plan to leave it and return to original Medicare.What you can do: You can leave your MA plan and return to original Medicare.The Catch: While you can easily return to original Medicare and add a Part D drug plan, getting a Medigap plan is trickier if you are outside your first-year trial right. In most states, if you've been in an MA plan for more than a year, a Medigap insurer can put you through "medical underwriting" and potentially deny you coverage or charge you more due to preexisting conditions.Exceptions: Only four states — Connecticut, Massachusetts, Maine and New York — prohibit insurers from denying a Medigap policy to eligible applicants, including people with pre-existing conditions.Safety net #1Safety net #2Who is it for?First-time MA users who switched from a original Medicare and Medigap planAnyone currently enrolled in a MA planThe time limitMust be within your first 12 months of MA coverageEvery year from January 1 thought March 31Medigap rightsGuaranteed. You can get your old Medigap policy back (or a similar one) with no underwriting Not guaranteed. In most states, you must pass a underwriting to get a Medigap policyDeadlineYou have 63 days after your MA coverage ends to buy a Medigap policyYou must submit your request to leave the MA plan by March 31. Coverage start dateThe first day of the month after you disenrollThe first day of the month after the plan receives your requestStep 1: Secure the Medigap policy Before touching the MA plan, the reader must apply for a Medigap policy.Using trial rights: If you are using Trial Right #2, you should inform the insurer of your "Guaranteed Issue Rights" status. You may need to provide proof, such as a letter showing when you first joined the MA plan.No trial rights: If you are past the 12-month mark (and not in a protected state like NY), you are subject to medical underwriting and must wait for the Medigap insurer to approve your application before moving to Step 2.Step 2: Choose a stand-alone Part D planSince Medigap does not cover prescription drugs, and original Medicare only covers Part A and B, you will need a separate Part D plan.Using trial rights: Federal law provides a Special Enrollment Period specifically for this "trial" scenario. This allows you to join a standalone Part D plan even if it’s not the standard open enrollment season. When applying for the new Part D plan, you simply check the box stating you are "enrolling because you are using a trial right to leave a Medicare Advantage plan."Because this is an official SEP, you will not be charged a Part D late-enrollment penalty for the time you spent in the Medicare Advantage plan.No trial rights: Simply enrolling in a standalone Part D plan during the MA Open Enrollment Period (January 1 – March 31) will automatically trigger a disenrollment from their Medicare Advantage plan. This is often the "cleanest" way to switch.Step 3: Formal disenrollment (if needed)If you aren't joining a Part D plan (because you have drug coverage through a former employer or the VA), you must manually disenroll from your MA plan. You can do this by:Calling 1-800-MEDICARE: This is the most direct method. When an agent answers, state that you wish to disenroll from a Medicare Advantage plan. Once the Medicare systems confirm the disenrollment, which should take approximately 1 week, a confirmation letter will be mailed to you.Sending a written request: They can mail or fax a signed disenrollment notice directly to the private insurance company.Step 4: The effective dateTiming is everything. Coverage in original Medicare begins the first day of the month after the request is made. If you are currently in the midst of the Medicare Advantage Open Enrollment Period (January 1 – March 31) and weighing a return to original Medicare, timing is everything. For those within their first year, Trial Right #2 is your golden ticket back to guaranteed coverage.For everyone else, the move requires a 'look before you leap' approach: contact Medigap insurers first to see if they will accept you and at what price. Whether you are protected by federal trial rights or navigating the medical underwriting process, securing your Medigap and Part D drug coverage before disenrolling from your current plan is the only way to ensure your health — and your retirement savings — remain protected.Get expert financial strategies and lifestyle insights delivered to your inbox. Subscribe to our free newsletter, Retirement Tips.Profit and prosper with the best of Kiplinger's advice on investing, taxes, retirement, personal finance and much more. Delivered daily. Enter your email in the box and click Sign Me Up.Donna joined Kiplinger as a personal finance writer in 2023. She spent more than a decade as the contributing editor of J.K.Lasser's Your Income Tax Guide and edited state specific legal treatises at ALM Media. She has shared her expertise as a guest on Bloomberg, CNN, Fox, NPR, CNBC and many other media outlets around the nation. She is a graduate of Brooklyn Law School and the University at Buffalo.

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